[HISTORY: Adopted by the Town Meeting of the Town of Marshfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-23-2007 ATM by Art. 28 (Art. 85 of the General Bylaws)]
A.Â
The purpose and intent of this bylaw is to state with emphasis the
right to farm accorded to all citizens of the commonwealth under Article
97 of the Constitution and all state statutes and regulations thereunder,
including but not limited to MGL c. 40A, § 3, Paragraph
1; MGL c. 90, § 9; MGL c. 111, § 125A; and MGL
c. 128, § 1A. We the citizens of Marshfield restate and
republish these rights pursuant to the Town's authority conferred
by Article 89 of the Articles of Amendment of the Massachusetts Constitution
("Home Rule Amendment").
B.Â
This general bylaw encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within
the Town of Marshfield by allowing agricultural uses and related activities
to function with minimal conflict with abutters and Town agencies.
This bylaw shall apply to all jurisdictional areas within the Town.
A.Â
The word
"farm" shall include any parcel or contiguous parcels of land or water
bodies used for the primary purpose of commercial agriculture, or
accessory thereto.
(1)Â
Farming
and all its branches and the cultivation and tillage of the soil.
(2)Â
Dairying.
(3)Â
Production,
cultivation, growing, and harvesting of any agricultural, aquacultural,
floricultural, viticulture, or horticultural commodities.
(4)Â
Growing
and harvesting of forest products upon forest land, and any other
forestry or lumbering operations.
(5)Â
Raising
of livestock including horses.
(6)Â
Keeping,
training, and boarding of horses as a commercial or private enterprise.
(7)Â
Keeping
and raising of poultry, swine, cattle, ratites (such as emus, ostriches,
and rheas) and camelids (such as llamas and alpacas) and other domesticated
animals for food and other agricultural purposes, including bees and
fur-bearing animals.
B.Â
"Farming"
shall encompass activities including, but not limited to, the following:
(1)Â
The
operation and transportation of slow moving farm equipment over roads
within the Town.
(2)Â
Control
of pests, including, but not limited to, insects, weeds, predators,
and disease organisms of plants and animals.
(3)Â
Application
of manure, fertilizers and pesticides.
(4)Â
Conducting
agriculture-related educational and farm-based recreational activities,
including agritourism, provided that the activities are related to
marketing the agricultural output or services of the farm.
(5)Â
Processing
and packaging of the agricultural output of the farm and the operation
of a farmer's market or farm stand including signage thereto.
(6)Â
Maintenance,
repair, or storage of seasonal equipment or apparatus owned or leased
by the farm or manager used expressly for the purpose of propagation,
processing, management, or sale of the agricultural products.
(7)Â
On-farm
relocation of earth and the clearing of ground for farming operations.
(8)Â
Construction,
operation or maintenance of ditches, canals, reservoirs, or waterways
used exclusively for farming purposes.
(9)Â
The
operation, management, conservation, improvement or maintenance of
a farm and its buildings, tools, and equipment, or salvaging timber
or cleared land of brush or other debris left by a storm, as an incident
to such farming operations.
The right to farm is hereby recognized to exist within the Town
of Marshfield. The above-described agricultural activities may occur
on holidays, weekdays, and weekends, by night or day, and shall include
the incidental noise, odors, dust, and fumes associated with normally
accepted agricultural practices. It is hereby determined that whatever
impact may be caused to others through the normal practice of agriculture
is more than offset by the benefits of farming to the neighborhood,
community, and society in general. The benefits and protections of
this bylaw are intended to apply to those agricultural and farming
operations and activities conducted in accordance with generally accepted
agricultural practices. Moreover, nothing in this Right to Farm Bylaw
shall be deemed as acquiring any interest in land, or as imposing
any land use regulation, which is properly the subject of state statute,
regulation, or local zoning law.
A.Â
Within 30 days after this bylaw becomes effective, the Select Board
shall prominently post in the Town Hall and make available for distribution
the following disclosure:
[Amended 4-24-2017 ATM
by Art. 10; 10-18-2021 STM by Art. 32]
"It is the policy of this community to conserve, protect, and
encourage the maintenance and improvement of agricultural land for
the production of food, and other agricultural uses, and also for
its natural and ecological value. This disclosure notification is
to inform buyers or occupants that the property they are about to
acquire or occupy lies within a Town where farming activities occur.
Such farming activities may include, but are not limited to, activities
that cause noise, dust, and odors. Buyers or occupants are also informed
that the location of property within the Town may be impacted by commercial
agricultural operations including the ability to access water services
for such property under certain circumstances."
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B.Â
In addition to the above, copies of this disclosure notification
shall be available in a public area at the Town Hall.
A.Â
Any person who seeks to complain about the operation of a farm may,
notwithstanding pursuing any other available remedy, file a grievance
with the Select Board, the Zoning Enforcement Officer, or the Board
of Health, depending upon the nature of the grievance. The filing
of the grievance does not suspend the time within which to pursue
any other available remedies that the aggrieved may have. The Zoning
Enforcement Officer or Select Board may forward a copy of the grievance
to the Agricultural Commission (or Committee) or its agent, which
shall review and facilitate the resolution of the grievance and report
its recommendations to the referring Town authority within an agreed
upon time frame.
[Amended 4-24-2017 ATM
by Art. 10; 10-18-2021 STM by Art. 32]
B.Â
The Board of Health, except in cases of imminent danger or public
health risk, may forward a copy of the grievance to the Agricultural
Commission (or Committee) or its agent, which shall review and facilitate
the resolution of the grievance and report its recommendations to
the Board of Health within an agreed upon time frame.
If any part of this bylaw is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this bylaw.
The Town of Marshfield hereby declares the provisions of this bylaw
to be severable.